The end of the second world conflict has set the beginning of the institutionalization of Human Rights at a world scale: the previous events have indeed made most of the country think about a way to reach a world consensus about basic rights that each single human being could expect to be given at its birth. Thus, even before the end of the war, the Allies' proposals of Dumbarton Oaks in 1944 mentioned Human Rights once as being a common goal to be reached. The creation of the United Nations and the texts following it have been the beginning of what can be called the development of Human Rights law: year after year the world context and its ideologies have evolved, bringing new ideas to be added or changed, making this international law more and more efficient and recognized.
This dissertation aims at explaining these developments, showing how diverse they have been.
[...] Nevertheless, here is a brief summary of the evolution of minorities' rights since Dumbarton Oaks, illustrating of the argument of this part. The post-war legal framework pays relatively little attention to minority rights as such: neither the UN Charter nor the Universal Declaration of Human Rights mentioned them, the idea of their introduction having been rejected by the Assembly: one would say that post-war minds were not yet ready for an individual rights philosophy[24]. However, some future treaties were going to focus on it, the International Covenant on Civil and Political Rights and the International Convention on the Elimination of All Forms of Racial Discrimination (both from 1966) having acknowledged the existence of minorities' rights. [...]
[...] We can still observe today the resurgence of nationalism, racism, xenophobia, religious fanaticism and intolerance[21]. Most conflicts of our time are internal conflicts and many of these are due to ethnic or religious strife, to incapacity of societies and political systems to manage difference and diversity[22]: the tragedies of Rwanda and former Yugoslavia are still in everyone's mind. Thus, can it be said that minorities' rights have been evolving since the Dumbarton Oaks proposals? First, the context is absolutely not the same: the supremacy of the North over the South through colonialism does not exist any more and does not raise the question of inequality between men: equality is provided by the Bill of Rights and the means set to enforce it. [...]
[...] Thus, the situation has changed in the past few years with the establishment by the United Nations of the International Tribunals for the Former Yugoslavia and for Rwanda with jurisdiction over the obvious violations of Human Rights committed in those territories. Finally, the establishment of an International Criminal Court in 2002 to complement national judicial systems if those is unable or unwilling to prosecute individuals for Human Rights breaches. Furthermore, the international community is developing legal doctrines that would bar states from granting amnesties to gross violators of Human Rights. [...]
[...] Nagendra Singh (1986) Enforcement of Human Rights in peace & war and the future of Humanity, Martinus Nijhoff Publishers. p 11 Op cit n°16. p 24. Op cit n°6. p26. Op cit n°1. chapter 3. [...]
[...] Buergenthal (1997) The normative and institutional evolution of Human Rights, Human Rights Quarterly. Smith Rhona (2003) Textbook on International Human Rights, Oxford University Press. Chapter 6. Chirwa, Danwood Mzikenge (2004) TheDoctrine of State Responsibility as a Potential Means of Holding Private Actors Accountable for Human Rights Melb. J. Int'l L Nagendra Singh (1986) Enforcement of Human Rights in peace & war and the future of Humanity, Martinus Nijhoff Publishers. p10 Brudner, Alan (1985) The Domestic Enforcement of International Covenants on Human Rights: A Theoretical Framework U. [...]
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